Reporting gifts and loans (candidates and groups)

This information is for groups and candidates, including Members of Parliament (MPs) seeking re-election. If this is not what you are looking for, visit our Funding and disclosure for State elections page to find information that is relevant to you.

For more information, refer to Part 13A of the Electoral Act 1985 External link.

Gifts

Candidates or groups who receive a gift with an amount or value of more than $200 must know the identity of the donor. 

Gifts of more than $5,000 (indexed) received during the disclosure period must be reported to the Electoral Commissioner.

See our Glossary page for the definition of a gift. 

Two or more gifts with an amount or value of more than $200 received from the same person during the disclosure period will be treated as one gift (section 130ZF(5)(d) of the Electoral Act 1985).

To lawfully receive a gift of at least $200 during a disclosure period a candidate or group must either:

  • know the name and address of the person or entity making the gift, or
  • obtain the name and address of the person making the gift and have no grounds to believe that the name and address provided is not true.

The candidate or group must keep a record of this information.

Section 130ZJ(3) provides an outline of the information that must be obtained in the case of donations received from other types of donors such as incorporated associations.

Loans

A candidate or group that receives a loan of more than $1,000, other than from a financial institution, must keep a record of the terms of the loan and information regarding the identity of the lender. Section 130ZK(3) of the Electoral Act 1985 outlines the information that must be recorded about the lender.

Loans of more than $5,000 (indexed) received during the disclosure period must be reported to the Electoral Commissioner.

Loans are defined at section 130ZK(8).

Financial institution is defined at section 130ZK(8).

Two or more loans of more than $1,000 received from the same person during the disclosure period will be treated as one loan (section 130ZF(5)(d)).

If credit is provided on a credit card in respect of card transactions, the credit is to be treated as a separate loan for each transaction. Credit card is also defined at section 130ZK(8).

Disclosure period

The disclosure period for each election is different for each type of candidate. Refer to section 130ZF(5)(a) for more information.

Not a new candidate (includes current MPs)

If you are not a new candidate, your disclosure period starts 30 days after the last election for which you were a candidate and ends 30 days after polling day. Your first disclosure period starts on 1 July 2015, when Part 13A of the Electoral Act 1985 comes into effect.

New candidate

If you are a new candidate, your disclosure period starts either on the day you announce your intention to be a candidate for the election, or on the day you nominate to be a candidate (whichever is earlier). It ends 30 days after polling day.

Group

If you are a group of candidates, your disclosure period starts on the day on which you applied under section 58 of the Electoral Act 1985 to have your names grouped together on the ballot paper. It ends 30 days after polling day.

Lodging returns

For a general election, you must lodge your first campaign donations return by 31 January in the year of the election. You must then continue to lodge campaign donation returns every 7 days until 30 days after polling day.

For all other elections, you must lodge your first campaign donations return within 30 days of the day on which the vacancy is announced in the House of Assembly (the start of the designated period). You must then continue to lodge campaign donation returns every 7 days until 30 days after polling day.

Refer to section 130ZF(5)(c) of the Electoral Act 1985 for more information.

Returns must set out details of gifts and loans of more than $5,000 (indexed) received by a candidate or group during the disclosure period.

The Electoral Commissioner will provide the return forms for candidates and groups to complete to fulfil their reporting obligations.

Disclaimer

Refer to our Disclaimer page.